Disposed

Akhil Piyushkant Bhatt v. State of Gujarat

Gujarat HC1 Apr 2019SCA/6393/2019

Case brief

AI extract

What is this about?

In this Special Civil Appeal under Article 226 of the Constitution, the petitioner sought correction of errors in his birth certificate regarding name, date of birth, and caste. The Court directed the Respondent Authority to reconsider the rectification application without requiring elaborate evidence, relying on the power vested under the Registration Act.

What did the court decide?

Directed the Respondent No.2 to reconsider the application for rectifying the mistake and correcting the name, date of birth, and caste within four weeks.

Akhil Piyushkant Bhatt Vs State of Gujarat — Pension and Retirement Benefits | Gujarat HC (2019)

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C/SCA/6393/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 6393 of 2019

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================================================================ AKHIL PIYUSHKANT BHATT

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Versus

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STATE OF GUJARAT

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================================================================ Appearance:

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MR DAXESH T DAVE(248) for the Petitioner(s) No. 1 MR DM VAISHNAV for the Respondent(s) No. 1 for the Respondent(s) No. 2

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================================================================

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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

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Date : 01/04/2019

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ORAL ORDER

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This petition is filed under Article 226 of the Constitution of India seeking direction to make necessary correction in the Birth Certificate of the petitioner for mentioning the correct name of the petitioner as well as the correct date of birth of the petitioner.

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It is the case of the petitioner that the Birth Certificate reflects the date of birth of the petitioner as '20.05.1958' whereas the real date of birth of the petitioner is '18.05.1958'. It is also the case of the petitioner that the Birth Certificate reflects the name of the petitioner as 'Akhilkumar' only whereas the real and full name of the petitioner is 'Bhatt Akhil Piyushkant'. It is also submitted that the caste of the petitioner be reflected as in the School Leaving Certificate.

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Page 1 of 3

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C/SCA/6393/2019 ORDER

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To remove this discrepancy, the petitioner had made an application to respondent No.2. However the respondent No.2 did not consider the application of the petitioner and passed the impugned order dated 18.02.2017 and it subsequently informed by the respondent No.2 that no such record of birth is available in the said office vide letter dated 18.05.2018.

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In identical facts situation this Court in the judgment in the case of Nitaben Nareshbhai Patel v. State of Gujarat reported in 2008 (1) GLR 884 and an unreported judgment in the case of Sachin Natwarlal Patel v. Registrar of Births and Deaths cum Talati cum Mantri in Special Civil Application No.9564/2018 dated 07.01.2019 has issued directions. Considering the ratio of the aforesaid two judgments, it is clear that the Registering Authority is within its power under Section 15 of the Registration of Births and Death Act, 1969 and Rule 11 of the Gujarat Registration of Birth and Death Act, 2004.

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In view of the aforesaid legal position, it would be appropriate to direct the respondent No.2 to re-consider the application of the petitioner for rectifying the mistake and correcting the name of the petitioner, date of birth as well as the caste as mentioned in this petition. The change as sought for being innocuous, no elaborate lodging of evidence is called for.

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Page 2 of 3

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C/SCA/6393/2019 ORDER

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In view of the nature of directions issued, it would not be necessary to call upon the respondent No.2 to respond and re-consider and take a decision on such an application within a period of four weeks after receipt of writ of the order of this Court, after affording an opportunity of hearing to the petitioner.

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With the aforesaid direction, this petition stands disposed of. Direct Service is permitted.

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Sd/- (A.Y. KOGJE, J)

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Caroline

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Page 3 of 3

Akhil Piyushkant Bhatt v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Akhil Piyushkant Bhatt v. State of Gujarat

Case brief

What is this about?

What did the court decide?

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